​

​

Justice in 100

​

Analysis of the First 100% Laws in the U.S.

Panelists

Haley Havens

Senior Research and Operations Associate

Marisa Sotolongo

Interim Policy Analyst

What is �energy justice?

What is a 100% law?

The common foundation for all 100% laws is a renewable portfolio standard (RPS).

​

• An RPS requires electrical power providers to source a specified amount of their electrical generation from resources defined as clean or renewable, relying on incremental targets that increase over time.

​

• 100% laws refer to an RPS adopted by a state, territory, or federal district that is set to 100%.

​

How we got here: Analysis of the First Ten 100% Laws in the U.S.

Drafting process: Analysis of the First Ten 100% Laws in the U.S.

IEJ staff drafted scores

14 calls

33 advocates & practitioners

10 jurisdictions

IEJ integrated feedback

​

​

Draft scores

Draft scores

Drafted Scores

Received Feedback

Received Feedback

48 reviewers

Justice in 100 – Evaluation of ten 100% laws

100% laws: What’s at stake

100% laws carry greater policy implications that determine who will reap the benefits and bear the burdens associated with the energy transition.

Goal of scorecard and analysis:

• Develop analytical policy framework for equitable renewable energy advancement
• Aggregate learnings from first adopted laws to inform future policymaking

​

​

Scorecard Framework

How did the jurisdictions rank across the energy justice indicators?

Indicator 2: Restoration

Intent, Goals, and Funding

• New York sets the most ambitious and robust goals and funding structures.

​

Definitions and Named Priority Communities

• Only the District of Columbia and Virginia mandate targets for less harmful renewable energy technologies like solar and wind.
• New York establishes thorough process for defining “disadvantaged communities” in order to direct funding to marginalized communities.

​

Indicator 3: Decision-Making

Overall, Decision-Making is the lowest performing indicator

Energy Ownership and Community Power

• Maine established a program to solicit bids for 400 MW of community-based renewable energy projects.

Tribal Sovereignty and Community Governance

• New Mexico’s 100% law is the only one to allocate funds to Indigenous communities through the Energy Transitions Indian Affairs Fund.

​

​

​

​

​

​

Legislative Gaps &�Areas for Improvement

Definition of Marginalized Communities

Definition of Renewable Energy

Image by Freepik

Definition of Renewable Energy

Definition of Renewable Energy

Findings:

• Some baseline agreement on solar, wind, hydroelectric, and biomass as renewable energy
• However, there is a clear disjunction in how renewable energy is defined in law, especially for more harmful technologies
• Only two jurisdictions, Virginia and the District of Columbia, prioritize less harmful renewable energy sources.
• Multiple laws leave room for jurisdictions to include “zero carbon” or “carbon free” technologies as renewable energy

Definition of Marginalized Communities

Three broad approaches are considered in order to define and intervene in marginalized communities for 100% laws:

• the “business as usual” approach, where marginalized communities are ignored;
• the economic and income-targeted approach;
• and the cumulative impacts approach

Definition of Marginalized Communities

Definition of Marginalized Communities

No policy interventions

Narrow or weak policy interventions

Mixed policy interventions

In Summary

​

​

• Highlight: 100% laws are a vehicle for identifying marginalized communities and establishing paired policy interventions

​

• Lowlight: 100% laws are largely advancing renewable energy without the simultaneous democratization of ownership and governance over energy resources or respect for Tribal sovereignty

​

• Some 100% laws have begun to incorporate tenets of energy justice, but significant gaps and shortcomings persist in their consideration for marginalized communities and advancement of energy justice

​